LONG BRANCH: A Superior Court Judge has dismissed a lawsuit against the city by a local attorney.
Scott Kelly, an attorney whose private law practice is located in West End, filed suit against Long Branch and the Long Branch Mayor and Council on June 17, 2015 in Monmouth County Superior Court.
Kelly argued that the city's West End Overlay District zoning ordinance was "arbitrary, capricious and unreasonable" and that the city used "spot zoning" by adopting the ordinance.
"Generally defined, spot zoning is a municipal entity's use of the statutory zoning power to benefit particular private interests rather than to benefit the collective interests of a community as a whole," the lawsuit states.
City Attorney James Aaron said Judge Dennis R. O'Brien, Superior Court, dismissed the lawsuit in its entirety and said that the passage of the ordinance was neither arbitrary, capricious and unreasonable nor spot zoning.
"The judge said the proof actually showed quite the opposite," Aaron said.